debt is going to ten us how you can train your dog to be as smart as chaser. >> the theory is, more in the after the show show. >> that's right. and the way chaser learned language -- >> more in a second. bill: a fox news alert. president obama rewriting his most memorable promise that was stated at least 29 times, whether americans can keep the health plains under obamacare. martha: you heard it over and over, both before and after the healthcare overhaul. >> if you like your healthcare plan, you will be able to keep our healthcare plan, period. if you like your doctor, you will be able to keep your doctor, period.

[applause] martha: period, right? doesn't seem to leave too much room for interpretation. bill: there are a lot of web sites that link every one of the times it was spoken this way. it was 24-30. listen to what the president said last night in washington, d.c. >> if you had or have one of these plans before the affordable care act came into law and you like that plan, what we said was you could keep it if it hasn't changed since the law passed. bill: there is an f there. how does the president just d there is an if there. >> reporter: this came after

weeks of republican complaints that the promise if you like your healthcare plan you could keep it wasn't being delivered. people are saying they are being told their plan is no longer available. the president said he never said they would be forced to get better plans. >> if we had aloud these old plans to be downgraded or sold to new enrollees once the plan was passed we would have broken another promise that they could have been led to financial ruin. we are making the insurance market better for everybody. and that's the right thing to do. >> reporter: he says people should look at totality of the changes under the affordable care act that give the

government more control and the insurance companies less. >> reporter: they focus their public comments on focusing on people's ability to buy insurance plans regardless of the state of their health. or if they have life-time limits or were dropped when they got sick. the president's speech writers weigh their words so carefully the misdirection he feels must have been intentional. >> the president didn't say if we like your healthcare plan you can keep your healthcare plan. they said if you like your healthcare plan you can keep it it was a premeditated lie. before they said those word they were told those word were not true. things like that don't just slip into presidential speeches. >> reporter: there are an he

can dakota at indications insurance companies will be raising their rates when they anticipate everyone with a preexisting condition who couldn't get insurance in the fast will be enrolled. and when younger people are waiting to see if they have to pay a tax penalty and how much that penalty is. bill: the american people will judge for themselves. martha: i think what has people so nervous is they didn't anticipate there would be this gap. they would have to be in limboland and what these so call wonderful choices are. and that's what's unnerving the american public. bill: you are going to meet a gentleman next hour who has been kicks off his insurance plan in california. he has 41 days to sign up and get his family of four signed up

on a web site that's not working in a lot of place. martha: another alert on capitol hill as we wait for a hearing on obamacare that's set to get started at the top of the hour. medicare administrator will be back on the hot seat. today we'll hear how it's going now. peter doocy is here with us from washington. how do you think this will be different than what we hear last year? >> reporter: what's different about the senate is the number of prominent democrats on record calling for an extension of the open enrollment period. there are at least 10 democrats in the senate pushing for such an extension. last night we also heard senator

mary landrieu complaining about cancellation notices. >> this is a letter that thousands of people are getting and this letter never should have gone out. we said to people if you had insurance you liked you could keep it. we didn't say if you had insurance you liked that didn't meet minimum standard. we said if you like the insurance you have, you can keep it. >> reporter: senator landrieu is not on the health, labor committee. so they woarnts get a crack eight. but senator rand paul will. >> no one will keep their doctor and no one with an individual plan will still have it in a few years. and when we get the employer mandate how much of those will change. if your insurance changes this

will be a disaster. we are talking about 20 per of f the marketplace. martha: i wouldn't want to be in her shoe dan we'll see her coming up here live in a little while. bill: tomorrow we have kathleen sebelius back. it is her turn then. she faces the questions from the senate committee. senator john thune sits on that senate committee. it's been a week, what kind of improvements have you made. how much further do we have to go. senator thune on that. er. >> learn about the gunman who opened gunfire on a shopping mall in new jersey. witnesses describe the chaos as they were leaving last night.

>> gunshots echoed through the mall. there were a lot of customers that they hear a gunman on the loose and shots fire, we need to get out. i got them out of the store and just kept waving them on. >> nobody knew what was going on. our instinct was to tell the manager to close the store gate. we did that. then we heard another gunshot. at that type we were all traumatized and shake. >> all we wanted to to was get safe. >> people were dropping stuff and literally running for their lives. bill: what do we know know about what happened last night? >> reporter: it was 10 minutes before closing type when this

gunman walked into this mall he just opened fire randomly. not shooting at people, but objects like an elevator and escalator. it sparked panic and a massive police response from a the county and state including the fbi and multiple s.w.a.t. team. they searched this complex store by store, hallway by hallway. they finally found up dead six hours later from a self-inflicted gunshot wound. >> he began to discharge the weapon randomly at no particular location and fortunately not at anyone. there were thousands of people there and thousands of them were running out the door. many smart store owners closed the doors, shut lights out and

brought the people to the back. bill: what more do we know about the gunman? >> reporter: are you char schupe. with a troubled back and run-ins with police. he stole the motorcycle and black motorcycle helmet from his brother. they town a lengthy note that could be described as a suicide note. he was a troubled man who decided to end his life in a public fashion. martha: the tsa agent not friday's shooting at lax is speaking out. tony grigsby was shot in the foot while helping an elderly man to safety. another man was injured as well.

grigsby says he is no hero. >> i'm nobody special. i just felt i had to do something at a particular time. a lot of people would have done the say thing given the same opportunities. after hearing the shots i got to the area where the planes were at. people were saying were you shot? what's going on. all i could think about was helping him. the concern is if he can take care of you. i like to make sure people are safe so don't worry about me. martha: this is paul ciancia. he was critically injured by police. he was able to confirm he acted alone. bill: growing up in new jersey. you went to that mall we are

talking about. martha: all the time. it's a huge mall. i was shocked to hear that something like that would happen there. bill: this miami doll fun player accused of gulllying a teammate. look at ritchie incognito. a lot more of that incognito is his last name and why this have i ohio is putting the case into a whole new light today. martha: a school on lockdown after fears of an active shooter situation. the all clear has been given. but we'll tell you about the halloween could up to that led to a big misunderstanding.

next we'll ask senator john thune what questions he has. >> michelle snyder is not responsible for those debacles, hold me accountable. i'm responsible. i guess you can tell them how much you want to pay and it gives you a range of options to choose from. huh? i'm looking at it right now. oh, yeah? yeah. what's the... guest room situation? the "name your price" tool, making the world a little more progressive.

bill: an unexpected and likely unwanted gift given to kathleen sebelius. brian kelsey wa was handed a bok "web sites for dummies." it was a week after she was hammered by the house committee on balk care. what do you want to know? >> everybody wants to know what

they are going to do about fixing the web site. but as the president said this isn't just a web site, it's' more. what most of us on the committee want to know, what are they going to do for the millions of americans getting cancellation notice and the sticker shock with the uncrease in premiums americans are experiencing. these are problems fundamental to this law. thed a hundred straition need to come forward with straight -- i think the administration need to come through with straightforward answers. not if the white house likes your plan you can keep your plan. bill: do you think kathleen sebelius should keep her job? the. >> a number my colleagues have call for her resignation.

she says i'm accountable, don't blame someone else. if you are accountable, this web site is a disaster. and there are problems fund amount alley with this -- fund amount alley with this law. i will have -- if not from me, from colleagues on the panel. bill: last week that hearing was hot in the house. is it the same on the senate side? you have some democrats up for reelection in 2014. people back at home are probably lighting up their phone every day. >> there are democrats increasingly nervous about this. you are seeing more and more of them saying maybe we ought to delay this. maybe we ought to do for the american people what we have done for businesses. i think it will be contentious. there is a lot of frustration

that members of congress in the house and the senate as well that they will voice the pent-up frustration their constituents are feeling. you will see that from republicans on the panel and lots of democrats are increasingly worried about the rollout and how that might impact those running for reelection. >> i don't know what you can say that's going to satisfy you. the woman in charge of the web site is going to say everything is up. we doubled the number of servers in a week's time. you go hope at night or -- do you ever thop and think, what were they thinking when they started one of the most

significant startup company from scratch that the world has ever northern and this is what we get a month lateer in. >> this is what happens when you take over 1/5 of the economy. and this is built on a faulty foundation. it's going to be hard for them to fix this and isn't for calling for some sort of delay. the web site will eventually get fixed but there are problems that will go on for a long time and it will hurt many americans. martha: there are new details into who is signing up for healthcare, but more importantly who is not signing up for the program and that can be the most

important part of all. former reagan economic adviser art laffer. bill: this may have been' more than just a locker room prank in the nfl. farmer: hello, i'm an idaho potato farmer. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels.

but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

bill: a state university on lockdown over a halloween costume. there were reports a man walking

around campus with a gun and a sword. he was coming back from a halloween party and dressed as a ninja. march there are there are -- martha: there are troubling details in the bullying case rock the nfl. jonathon martin allegedly walked off the team because he couldn't take it anymore. he claims he was seriously bullied by ritchie incognito. now things are coming to light that show him in a disturbing light. take a look.

martha: he was talking around casually. i think i would be sliding closer to the door and right out. tmz got this video. it shows him shirtless in a rage. he's on a advice with it teammates -- he's on a visit to a bar with teammates. is there evidence this is a pattern of behavior? >> this video shows incognito earlier in a fort lauderdale bar stomping around and screaming out the "n" word in relation to a fellow teammate who is with him at the time and laughing at the time. he was kicked off the football

team at the university of nebraska and oregon. he was drafted but kicked off the rams after two head butts and arguing with the coach. he has anger management issues and drug management issues and some how he managed to wind up on the dolphins leadership council. martha: what are the dolphins saying about what they knew about this situation? >> reporter: the owner steve ross called for an independent outside investigation from the nfl. the coach has been on the defensive. yesterday we were at the dolphins training center where he was peppered with questions by the meade what who wants to know what he knew and when he knew it. >> if the review shows this is not a safe atmosphere, i will take whatever measures are necessary to insure that it is.

i have that obligation to the players that i coach on a daily basis. i will do that. >> reporter: there has been a lot of outrage about incognito's behavior and his racist texts inside the locker room. no player attacked incognito. several took to praising him as a great teammate. bill: the coach said the right thing there. now you have to figure out what the team knew if it knew anything. >> it's clear he had a difficult past and he's unpush in that lights as far as the rest of the nfl goes. you have this buffedy in there with him using the "n" word. bill: it's election day and a

certain new jersey governor is up for reelection and it could have big implications on 2016. martha: president obama said if you like it, you could keep it, period he said. not dot, dot, dot, or semi colon, but period. will america be satisfied with that? >> if you like your healthcare plan you will be able to keep our healthcare plan. period. when we made our commitment to the gulf, bp had two big goals: help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger.

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bill: it's election day and there are are a lot of big races in the nation including virginia. known while, new jersey, chris christie urging his supporters to get to the polls as he fights for a second term in the garden state. he phase off against the democrat barbara wono. voters are gearing up to pick a new mayor. he's set to become the city's first democratic mayor in years. martha: after years of americans

hearing the same obamacare promise day in and day out, the president is now changing that message. here is what president obama has been saying over the coast of th -- over thecourse of the las. >> if you like your plan you can keep your plan. if you like your doctor you can keep your doctor. if you like your plan you can keep it, no one can take the away from you. >> if you are one of the americans who has health insurance you can keep your insurance. if you like your doctor you can keep your doctor, period. if you like your healthcare plan, you can keep your healthcare plan period. that period sounds like it means no ifs, ands or buts. but last night he try to

redefine that message. >> if you had one of these plans before the affordable care act came into law and you like that plan. what we said was you could keep it. if it hasn't changed since the law has passed. martha: if, if. eric, good morning. you look at the president's body language and face during all of those deliveries when he said if you like your healthcare plan you can keep it. i remember having conversations like this at home with my extended family and everyone was under the impression, don't worry. if you like your plan you can keep it. every day another person tells me i just got a letter in the mail. i'm kicked off my plan. >> maybe we need an air footnote for the president. that's not what he said. it's men daition of everyone on the left to say he was -- it's

mendacious of every one. he set up an e-mail address flag at white house does th, white hb site. they said if your neighbors are lying about obamacare let the white house know. now maybe we need to report the president. martha: i'm glad you brought that. i had completely forgotten about that role linda douglas played and how they were trying to tamp down anybody who said the plan may not be what it seems. one of the lies that was pointed out was if you like your healthcare plan you can keep it. the president can go two ways here. he can do what he's doing and

say we are plowing forward. you will like this when it gets shaken out. and we get through this little uncomfortable period when one plan tells you you can't be on it and you haven't had the luxury of getting on the web site and figuring out which plan you are going to love. if you hang in there and cross over the bridge you will be okay. >> that's the gamble the democrats are making. it will be better. you will like it better than what you have. that's not what people are experiencing right now in terms of cost. in terms of cost people are founding while their out of pocket monthly premium may be lower, their out of pocket deductibles are much higher. young people are fiewdged out obamacare plans are much higher than what they did before obamacare. but now there is something else. the white house is deeply fearful, according to tonight co, they are worried because a

lot of these healthcare plans, not only can you not keep your health insurance, you can't keep your doctor or preferred hospital. martha: we have seen hospitals and doctors back out of these programs. it's unnerving and unsettling for so many americans right now. >> but they tell you it will be great. martha: thank you very much. bill: the hearing today will be hot. it starts at 10:00. weep watched it was week. we are waiting for the rationale to explain what the problems were. the deemer we got into the hearing more problems we got. martha: the problem is the web site. but that's completely separate from the fact that people's doctors and hospitals are pushing them off their plan anyway. so that appears to be theoer

shoe that's dropping. bill: there is a hearing at 10:00 a.m. and kathleen sebelius is back tomorrow. another case of politicians gone bad. >> take it off my property. get off my property. thank you very much. bill: that's a mayor allegedly caught on tape smoking crack. his response? show the tape. this story is stranger by the day. martha: a new push to make congress live by its own laws. we'll talk to a conservative group lund the grassroots campaign gang some momentum on this. >> while americans are losing their jobs and healthcare and patience, congress gets a special exem sthun. inside were deals like this are

why no one trusts washington. giving me a sales pih, especially when it comes to my investments. you want a broker you can trust. a lot of guys at the other firms seemed more focused on selling than their clients. that's why i stopped working at my old brokerage and became a financial coultant with charles schwab. avo: what kind of financial consultant are you looking for? talk to us today. great. this is the last thing i need.) seriously? the last thing you need is some guy giving you a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch. hey you know what? i'll drive! and i have no feet... i really didn't think this through. trust the midas touch. for brakes, tires, oil, everything. (whistling)

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martha: the u.s. border patrol reject a call to end force against rock throwers at the border. under current policy agents can use deadly force if they believe their lives other lives of others are in danger. >> a back room political deal. obama ignored the law. he exempted congress from the law and gave them tax paper subsidies, something no one else gets. bill: citizens united are working with david vittert to change the rule that allows the

administration and congress to accept subsidies under medicare. good morning. what do you want? >> i want to vote so we undo this illegal rule that exempts members of congress and their staff from all of the pain of obamacare. i want washington to live by the same rules it imposes on everybody else. bill: sometimes this is confusing. bob corker was on our show and he said what you are talking about is not true. i'm putting myself and my staff on obamacare january 1. what is the difference? >> the difference is they get a huge taxpayer subsidy that no other american gets. bill: so the difference is the subsidy. >> some congressional staff are getting outright exempted and are not going to the exchanges. but others are going to the

exchanges but are getting a huge subsidy no other american gets. >> we saw that senator vittert was fighting a fight all by him several against the administration and we felt that let's not have the politicians in washington deciding this for themselves. but let's take it to the american people. let's try an ad campaign to take it directly to the american people. people can go online. live by your laws.com and sign a petition to support senator vittert. bill: you think the law is bad and the coverage is bad and they don't want that? >> first of all fun fund fundaml

fairness. if washington had to live by everything it passed on america things would get better. >> this is not a country where it's okay for an elite class of people to live by one set of rules and the people to live by another. that's not what we are about. bill: what would you say to your senate colleague, bob kosher. >> i would say he's misleading people. members and some staff are going the exchanges. but nobody else in america gets his huge taxpayer subsidy. bill: dick durbin and other democratic senators say you can have your vote but you don't want to vote. >> what they are demanding is i cannot bring it up again or push for any other version this for the rest of the congress it's a

gag rule. it's a completely unprecedented gag rule. nobody is required to say that to do that and i'm not going to do that. >> if the vote came up you would have to agree it would not come up again in the experience of any other bill. >> that's unpress differented to say you can't have the senators right to debate to propose amendments. >> that's not democracy. let's go straight to the american people. let's have the american people have their voices heard. obamacare is a dismal failure. the rollout is a failure and now washington should have to live with it just like everyone else. why do you think this is having problems that's so many are seeing play out in realtime. >> i think there are funds fundl

problems with the law at its core. i think there are even for core fundamental problems than that. the central one was when the president said if you like your health plan you can keep it. that's just not true. and we now know that a majority of americans will lose their previous coverage. >> i just feel the government is not capable of doing anything this large. take over 1/6 of the economy is something conservatives have warned against. now we are seeing that come to a reality. >> david, thank you. gentlemen, thanks. martha? >> new numbers raising a long held concern that obama carol may be unsustainable. why the age issue will be a big dpleel this whole thing. plus this hot case.

what caused the fire on this planner and sent pass owners literally flying out of the plane's emergency side. we'll be right back.

bill: a fox news alert, this will be a major headline. medicare administrator marilyn tavater is back in the hot seat. we expect spa progress report on the website and a whole lots more oh that hearing starts. you will see it here. martha: a new report shows so far young americans seem to be avoiding buying into the new healthcare plan. that's raising concerns about

the healthy young adults needed to financially be the underpinning of this entire healthcare plan. the story in the "wall street journal" says the kentucky state-run exchange echoes what insurers are seeing nationally. 39% of those even roll are in 58 and older. 37% 35-54 and only 24% under 34. art laffe is in studio today. welcome. >> thank you, it's a beautiful studio. this "wall street journal" story says something you were concerned about all along. >> they have to have enough fund coming in. if you get on those who use

resources and not those who pay for the insurance part of it you will have it going bust or at least not being financially sound. the numbers are early in the game. the numbers are starting to control in you nowhere near where they need to be by march. this happened in massachusetts, too. the young people are last-minute folks. we expect them to roll in december 15 and expect them to do so until the bitter end in march. >> you have people who can use this program to their advantage. these are people who need a lot of medical services, and for which their expenditures are slight. then those who are paying a lot into the program. it's only common sense. why would you need to pay into a

program before you could use it. it will have a lot some of outflows and very few inflows. martha: anyone who has a medical condition and they are concerned. they are definitely going to make sure they get on. it's interesting as well. the federal government as part of the deal gave the health insurance companies assurances if it became too onerous on them them would get a federal subsidy to keep this whole thing going and we know where that money comes from. that's taxpayer money. >> you can't give away valuable resource and expect people not to overuse them. it's like putting me on 0 bufft where i can eat all i want and i'll eat the caviar until i throw up. the question is how it will collapse.

are they going to start using restrictions like they did in the gas lines in the 1970s or will they let it go away to the good old system that we had. martha: good to have you here. bill? bill: she went to the mat last week defending obamacare. the lead official testifies before the senate committee. how will she explain the previous week? the day we rescued riley was a truly amazing day.

he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com

martha: we are waiting for the hearing to take place on capitol hill. the senate hearing is expected

to be tougher. welcome. a brand-new hour starting now. bill: ed henry is in the white house. a lot of defense being played there. what do we expect to hear when this hearing gets underway and what do we expect senate republicans to push this woman on? >> reporter: they want to find out if the administration can get the website working by the end of november as promised. they will press the president who is on defense. he said if you like your plan you can keep your plan.

he said that over and over again. last night before some democratic supporters in washington he tried to move the goal post saying what i said was if you like your plan you can keep your plan as long as the insurance companies don't change it after the new healthcare law is passed. >> in my state nearly 10 times more people have lost their insurance than have gained insurance and kentucky is supposed to be the success case they are touting and 10 types more people have lost their insurance in kentucky. >> reporter: the other big question is the administration said again and again they will have to get millions of young people to sign up and pay into the system to make the math work.

the "wall street journal" has a report that the average age is much older than expected of those signing up. they are not getting those young people to sign up, at least not yet. bill: i hear taupe harkin in my ear. the president did more back pedals last night. but that's not going over very well with democrats. what are they saying? >> reporter: you hear the criticism from republicans like rand paul. republicans have opposed this slaw from even before day one. they were opposing it when it was proposed. when you have democrats proposing legislation saying let's delay the fines people will have to pay if they are not able to sign up because of website problems. >> this is a letter that thousands of people are getting, and this letter never should have gone pout because we said to people if you had insurance that you liked you could keep

it. we didn't say if you had insurance that you liked that didn't meet the minimum standard you could keep it. we just said and the president said over and over if you have insurance and you like the insurance you have, you can keep it. >> reporter: that is basically all about 2014. marchy landrieu one of many democrats up for reelection in 2014. bill: martha has more now. martha: steve, i think this moment looking back in history for this president is a pivotal thing. this attempt to qualify what everyone heard up, down and every which way. if you wanted your healthcare plan you had nothing to worry about. >> i think that's exactly right.

you heard from senator mary landrieu and her colleagues in congress and you are hearing from average every day americans saying the president told me one thing and it's clear what we are seeing is all together different. this noise longer a theoretical debate where some people might lose their healthcare. others might have plans canceled and others are paying more. we have people sitting down and reworking their budgets that they had for the past several years and thought they were going to continue to have because of what the president represented and they are fiewrngd out those things aren't true. that's a huge problem for the white house. martha: the president seems i are kateed that he has to ex -- the president seems irritated that he has to explain this. he says, you know, 3-5 years

down the road every sing many american will have healthcare coverage taint will be awesome. >> the white house and its supporters have had to transition from making a broad argument saying in effect look, this is -- you are going to be fine, you will stay on your plans. all we are trying to do is help people who aren't insured. now they have to embrace what a lot of people find out is an october knoq --what is an obnoxs paternalism. we know what's better for you and we'll tell you what's better for you. it might cost you more money but that's not a con southern because it's better for everybody in the long run. you don't see that kind of paternalism so naked and open very often. martha: it's difficult to engender that kind of confidence. just hold my hand, i'll take you

through this and it will be okay when the other part of the story is people are freak can out that they can't get on the website. they are nervous. a friend showed me a letter yesterday, i never expected to get this letter in the mail. my insurance is running out november 31 and i can't get on the website. >> these memos abc news got ahold. we want to make people feel like they are make progress so we might send them to the phone centers. but what actually matters is the product improved.

martha: they will have to come up with numbers and how it's changing to give people a modicum of confidence. bill: a week ago she said mid-november. we are monitoring the testimony of mayor continue tavvaner. we'll bring you headlines. but we want to know what you think at home. what do you want to hear from mayor continue tavenner. our lines are open right now. kathleen sebelius comes back tomorrow before a different senate committee. so back to that hearing on the hill once it gets rolling. martha: the democratic senators who could potentially be tougher on her this morning will be interesting as well with one eye to the election coming up.

bill: two heavy hitters in virginia battling for the governorship. carl cameron has been watching this story for a year four. today is the day. falls church, virginia. where does this race stand today? >> reporter: the morning rush is over and it hasn't been that of a rush. the 2012 election there were li lasts for hours. fit was through 300 yards of high school corridors. you can see with video inside the voting classroom. very, very small. not a lot of voting booths and not a lot of people showing up. both candidates cast votes for themselves. terry mcauliffe cast a vote for

himself in mclean. he says democrats need to turn the tide against the tea party and social conservatives and those who would defund or stop obamacare. >> they are sick and tired of the dysfunction in washington. they are angry over the shuts on your. the tea party used the shutdown as a bargaining chip. here in virginia we were hurt more than any other state. >> reporter: mcauliffe had a small lead for weeks. ' cuccinelli has been arguing that this should be a referendum and obamacare. cuccinelli as run before, always trailed and never lost. mcauliffe never won a race. bill: this will have implications for next year and

beyond. will it, carl? >> there is always an i am he us of saying the offyear election is an independent casings what might happen in 2014. if mcauliffe were to lose you could expect his campaign staff to work for the clintons. the tea party and conservatives wants to continue the battle for obamacare. cuccinelli says regardless of what happens today, that battle continues. >> obamacare has been a big part of why this race is a horse race at this point. i was the first to fight and terry mcauliffe didn't think it went far enough. it's a stark contrast. if people want obamacare, their vote today is one way to do it. >> reporter: of course we'll have the results later this evening.

martha: a 3-year-old memo that was written in the white house has come to light and it reveals that the administration knew about the problems that's existed with obamacare but said nothing. bill: a routine landing turns into a life or death matter. >> can you get off mire driveway, please. can you get off my property. get off my property. take it off my property. >> i'm leaving. >> thank you, thank you very much. martha: that's toronto their rob ford under fire after a video emerged that shows him allegedly smoking crack. why the mayor says that he wants that video released. heart healthy, huh?!

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bill: the hearing is underway. we heard from tom harkin. marilyn tavenner is sitting alone at that table. we'll go in and out of this and monitor the headlines. and where we have gone last week in terms of progress. martha: we'll be look at the questioning here and we'll be taking you back and forth to mayor continue tavenner who is on the hot seat as a white house memo surfaced that shows a healthcare advisor warned the administration three years ago that the rollout would be a mess. david cutler writes to a white house economic adviser. he wrote this -- he wrote this to the economic adviser, larry somers. i do not believe the relevant members of the administration understand the president's vision or have the capability to carry it out. here we are. we are going to be talking in a

second to bob beblg, the former democratic campaign manager and cohost of the five and he joins me now. this an interesting memo from david cutler. one of the things that stands out to me is we are starting to see the scramble process and see people involved in this saying just for the record i raised a red flag on this quite some time ago. >> reporter: something like this happens, and washington is a classic example of people trying to bail out. they didn't say the was going to be a problem, it was a problem. that's and reality. i don't think anybody can change that. the question is, is it going to get better and my expectations are the expectations for this are so low that by next year they are bound to be better. martha: that's what the president is saying. he says 3 years from now, five

years from now. they are saying rough period in the beginning but now its hunky dory and it's great. but you have got so many people getting thrown off of their insurance plan and they are in a huge limbo right now and they are angry because the president looked them straight in thite and said if you like your healthcare plan you will keep it period. last night he stepped in front of the podium and said if you like your plan before 2010 when this plan gets enacted you are probably okay, you will be grandfathered in. if not, all belts are basically off. >> somebody should have told him when he made a statement like that. he talked about grandfathering in policies. if history is a guide here. social security and medicare were met with substantial resistance when they first started out and they became popular. having said that. prohibition started out as not very popular and was taken down

and the rest of the it was withdrawn. i don't know which one it will be. but may guess is when you talk about healthcare, most of these people will find their healthcare insurance will be better than they had before but they will have to pay more for it. martha: these phrases do ternd to stick in the historic lexicon. you think back to president burke an -- president bush and "read my lips." this moment will also probably stick with president obama. if it doesn't it will be something he will think about in his presidential retirement for many many moons. >> i'm the gay who came up with "where's the beef?"

and it stuck. what happens here, all the anxiety around whatever, an individual, a piece of legislation or whatever. when it's encapsulated in one line, that's when it becomes dangerous. that's what the president faces. if he had it to do over again would he have said those things? i hope not. somebody did a bad job of advising him. without that, would he still have won reelection, i think the answer is yes, he would have. martha: if he said you might not be able to keep it it would be a different story. marilyn tavenner is singing the same tune you are in seeing improvement in this in the long term. >> the experience o -- the expen healthcare.gov has been a frustrating experience.

some received error messages or had low page forms. if the first days when we went live, few consumers could create and accounts. you can successfully create an accounts and continue through the full application and enrollment process. we are able to process nearly 17,000 registrants per hour with almost no errors. we updated the site several times since october 1 fixing bugs and improving the healthcare.gov experience. we added more capacity and doubled the number of servers to meet demarnld. we improved site responsiveness to increase performance across the site. in particular the filtering and viewing of health plans. this now responds in just seconds where it was taking minutes before. we also resolved issues so

eligibility notices display properly to consumers at the completion of the application process. consumers can now view and compare plans without registering for an account. this functionality was not working well in the days leading up to october 1 so we opted to prioritize. one of our high priorities was insuring consumer information was transmitted to issuers. our team has worked with issuers to resolve outstanding issues now consumer information will be sent to issuers after they even rolled in the plan of their choice. we'll continue to work with issuers to resolve problems quickly. bill: this is the testimony we have been waiting on. we expect marilyn tavenner to talk about the progress they made the last week. we have to take commercials.

these questions could get hot. lamar alexander's opening statement was strong taint was heated and he held back nothing. we'll monitor for you after we get a quick break here.

bill: again, it will be one the major headlines today. the opening statement concluding right now. lamar alexander opened the hearing this way. speak of the new promises we want health care, go find it. on the website that the administration says will be working properly until the end of november. that is an unwelcome christmas present. only two weeks to shop for and buying new insurance policy by 2014 you're covered exterior when obamacare outlaws your policy.

he put kathleen sebelius in charge of implanting this law. i have: hart resigned because it has hurt so many americans. we could tell you every day how many records elvis was selling, ford can tell you how many cars it is selling, mcdonald's can tell you how hamburgers that sold, the commerce and posts are his website notes from meetings of the obama administration board room where you are apparently telling each other how many people are enrolling in obamacare but why won't you tell congress and the american people? bill: we are about to find out what that answer is. a week ago she said i will get back to you mid-november. insurance cancellations are a big problem right now. anthem blue cross and this of four.premium of about $760 now he says it will cost hundreds more for a similar plan. and this is just the tip of the iceberg. 900,000 californians, millions

more facing a similar problem. our guest now from california. what is your story, what happened? >> i have to tell you in june the president said you like your policy, you can keep your policy. fast forward to friday, 5:00 i get this letter, an e-mail from anthem blue cross i have until december 15 to determine what my next health care plan will be because of january 1 it is canceled. bill: what are you going to do? speak of the first thing i did was look at what my options are. during the course of the summer while looking for a healt healte plan, anthem blue cross on the insurance website had dozens of them for me to choose from. there is literally one plan for me to choose from, it is $200 more. i went to the website to see what my options are, but i don't qualify for any form of a tax credit. so i'm looking for health care for my family.

bill: you have, what is it, 35, 40 days? you have to go on the website, you have defined a plan that is right for you, one that is affordable. right? >> absolutely. it has to be affordable. the plans that are comparable in price are not offering the same services. instead of a $20 co-pay whenever my wife takes the kids to the hospital, it is now going to be a 40% deductible. so i basically pay 40% on what that total cost is. not only is it $200 more, but i'm having to pay more when i go to the actual doctor. bill: what do you think of all of this? you are only five days into it. >> i never thought i would be sitting in front of you today talking about this. and the president said your policy is your policy, didn't pay attention to it.

the last three days i have spent night and day trying to figure this out and i'm incredibly frustrated. i'm incredibly frustrated because i chose to believe in the government and i shouldn't have done that. i should have tried to figure this out earlier on. now we have very limited options and i'm struggling to find what insurance will make for my family and i have maybe three to choose from. bill: you are a small business owner, right? >> the reason i e-mailed and reached out to fox news yesterday a good friend of mine in our little town e-mailed me, he is a small business owner like myself and said are you getting these cancellation notices quest mark i said yeah, i'm getting the cancellation notices. this is that letter they got basically from california under this anthem plan saying you have until december 15. if you don't, they will automatically enroll us in the higher plan. bill: the president says if you sign-up under the affordable care act you are going to get better insurance. do you believe that?

>> i have done all the research. no, no. it is really interesting if you make below a certain income there are options for you. if you're in the platinum plan you will pay $900 per month and for the most part things are covered and you will be paying only 20%. but if you are a person who cannot afford that amount of money and paying that mark, your co-pay is going to be through the roof we had bill: the suggestion is your insurance plan was an inferior plan. what do you think of that? >> no, not an inferior plan. the plan i have is right for me. not every plan will be right for me, this happened to be right for me. my frustration, i am john q public. they have this letter, and we really don't know what to do

because we have been sitting back saying to ourselves the president told us on television you are going to be able to keep your plan, now your plan is canceled and my fear is everybody's being canceled out of their plan right now. yesterday i went on facebook, have a lot of journalist friends on facebook who have said who has been canceled out of their policy? for the first time there was no partisanship. republicans and democrats saying this is out of control. bill: you are in automotive expert in california, you have been in new york and shown is different products along the way. we have been in contact with you for several years, we heard about your story, we wanted you to expand on it. mike caudill from california today. thank you. martha: so watching this hearing that you see on the left-hand side of your screen. answering questions about how this is all going. it is so interesting to listen

to mr. mike caudill's story on the other side of this because what you are hearing is this is all going much more smoothly, they are logging on to find other options. if you checked out your options you would ultimately find you would get even better than your old plan. a lot of question marks whether or not that is the case. you don't need to go any further than to listen to all of these individual antidotal experiences people are having. let's listen in to marilyn tavenner for a moment. >> the irs to validate your income, your social security number. that is not stored. what is stored is your individual application. part of the identity proofing on the front end that was a little complicated because we have taken additional steps to make sure an individual application was secure. we have continuous monitoring of all systems which we do for medicare as well. >> thank you.

>> thanks, mr. chairman. >> ms. tavenner, let me go back to the president's words. i'm sure you'll be able to fix this. and i'm not always concerned about the irs finds that will come next year. what i'm more concerned about are the canceled policies, the inability of people to have time after you presumably fix the website by the end of november tree placer policies by januar january 1. so they will actually have health insurance. i'm concerned about the kind of health insurance they get because the large number of cancellations letters coming into our office from tennessee, think of the canceled policies in the individual market is to go to the website that does work pretty well, it still says if

you want your plan, you can keep it and you don't have to change a thing due to the health care law. that is so health care website. that is the president's words in 2009 so why don't we put those words into law? why don't we solve the problem of emily from tennessee who is losing her coverage insurance and finding that replace it will cost 410% more. senator ron johnson has introduced a bill that he calls if you like your health care plan, you can keep it. it would put the words into law and assure those millions of americans like emily that they will be able to keep a plan like cover tennessee and will not be out of insurance. will the administration received senator johnson's bill that would put the president's words into law by saying to americans

if you have a plan before the law is passed march 23, 2010, or even a plan all the way up to the end of this year that you can keep it, wouldn't that solve a lot of problems and reassure many americans that they can have affordable health care? >> senator alexander, when we read the regulation back in 2010, that is exactly what we did. we grandfathered in existing plans. both of the employer market and individual market. there was a lot of back and forth about that regulation. so that is why we delayed it until basically the plans could be grandfathered over this period of time and we allowed the grandfathering to continue as long as it did not reduce benefits significantly, there were some things in place. we do put in step the ability to

affect the plans. in a cancellation letters, these cancellation letters are often filed by statement that says-- >> ms. tavenner wants want to give you a chance to answer but will you support senator johnson's bill? >> had not even look at senator johnson's bill. >> i will get a copy to you. we know about the regulations written in 2010. they effectively made it impossible to grandfather a lot of the plans people had. according to your own regulations, it was estimated 406070% of those individual policies wouldn't be able to be grandfathered because of all the conditions you put the regulations so in effect event you know in 2010 they would be a big turnover in these individual policies and that it was wrong to go across the country saying if you like your plan, you can keep it without having to change a thing? speak out i don't think the regulation assumed that because of the grandfathering these

plans have changed. it is greater than 50% per year often not renewed. this is part of what the affordable care act was supposed to do. stabilize the market and get individuals protection. speaker if you increase cost-sharing, co-pay, change the fixed amount, change the benefits all those would mean those plans didn't continue and basically washington is saying the 16,000 who lose their coverage tennessee plan, we know better than you do what is a good plan for you, we want you to buy a better plan even though you like the plan you keep someone up with the president's words into law and simply say if you like the plan you have, we are not going to decide for you, you can decided as an individual if you like the plan you have you can keep it without having to change a thing. that is what is on the white house website today.

>> senator alexander, for those 16,000 individuals you listed, they were also given the option of renewing with the new plan. yes, maybe some of those plans were more expensive but i would encourage those individuals to go on the website, take a look at what is available in the individual market in tennessee. you will see the pricing and ine individual market came in about 18% lower. some of these individuals may qualify for a subsidy and so i would encourage them to look at their current residual but also look at the website and look at plans available in tennessee and also check to see if they qualify for subsidy. >> thank you, mr. chair. >> thank you, senator alexander. >> good morning, ms. tavenner. i hope you are doing well. we are very proud of the fact it is headquartered in maryland and there are dozens of people who work there every day and every

way trying to make sure medicare and medicaid and now obamacare is delivered effectively and efficiently. even so we have been revenue starved and battered around in failure to confirm, but we will put that aside for this conversation. because the launching of the affordable care act has been more than bumpy. i believe there has been a crisis of confidence created in the dysfunctional nature of the website, the canceling of policies in sticker shock from some people. in my own state of maryland it was also bumpy. 73,000 policies will be canceled, so there has been fewer doubt in a crisis. but the we get to where i am. it is not to finger point, it is to pinpoint. what i worry about is there such a crisis of confidence, people

won't enroll and the very people we need to enroll, our young people to make this whole system work won't happen. the people who are the most desperate, the compelling story is the kind of person, serious health problems. what i'm looking for is that 24-year-old working in the.com startup to be able to apply. could you tell me what you're doing in in terms of the crisis of confidence, but also how are we going to get young people back to looking at how they're going to apply to make it attractive, to give them confidence in the system and also than to make the whole system more affordable. >> so let me start with the affordability. and i will talk about both in the state-based exchange.

>> have two minutes and 46 seconds. do you have a plan to get the young people back? >> yes, we do. we will roll out that plan to stabilize website, and we do have a targeted plan that includes not only young people, but a large populations of the uninsured in the market, so yes, there is a plan. >> what kind of a plan is it? tavenner: it is a combination of media both television, radio and it is identified by top markets and i'm happy to share that plan with you. >> and do you think you're going to restore the confidence in this plan? tavenner: yes. i think first of all by the website which we are already seeing and i would encourage if they have not been on the website in the last few days to please go on the website, it has improved. we are seeing more folks be able to complete applications, getting more positive feedback from individuals and there is a

tremendous amount of interest in this plan. over 700,000 completed applications, obviously we have seen 13 million visitors to the website, so the information is out there. the site is working. >> i would like to go to the website, which also goes to many of my constituents. we talk a lot about the washington corridor. but not everybody has access to a computer, and not everybody knows how to use a computer including young people who worry about the digital divide, but my question is you say you can go to the phone, are you publicizing this number? number two, if you want a paper application, or you want to be able to talk to someone in person as you said, where do you go and where do you get this,

are their designated sites? will we do this in post offices, will we do this in libraries? what will we do and places where people can do this if they are not going to go to a computer or a computer is not available. >> that is a great question. we do advertise the 1-800 number, and we advertise you can call there to get information if you don't want to use the computer. we advertise who in the community. we have currently over 70,000 brokers who have been trained to assist people. we have navigators in every state, they are covering the entire state so we advertise that. we have many hospitals and other associations including libraries certified and offering to help. >> i'm going to be blunt because i really want this to be a success.

my job is to pinpoint solutions, not finger-pointing, looking at a retro way. i think this is very confusing. i know my time is up but i think it is very confusing about where you go. we hear about the navigators. i can tell you people really don't know, they really don't know. >> senator isakson. >> thank you, mr. chairman. thank you very much for coming today. you said i think 10 days ago q ssi services was put in charge of coordinating the website, is that right? were you aware that in june of this year the inspector general issued the following report on qssi? said software services did not implement required information security controls over usb port and devices, thus risking exposure of personal notification information for

over 6 million medicare ?eneficiaries? tavenner: no serbia to >> i would like to put into record reported in june because it did expose because the lack of discipline in following federal information they exposed over 6 million medicare beneficiaries information. the reason i bring that up is i don't believe everything i see on television. i try to check everything out. but this morning seems to be a pretty incredible claim a lawyer in south carolina had gone on the website and gotten access to set up the account was called by many north carolina, he got that man's information. this information, security is extremely important and there's a lot in the house making strong statements about the importance of keeping it secure. i would ask that you follow the report and make sure qssi is in compliance and if they aren't,

they get in compliance. >> i will follow up on that report. there are two things. the contractor who does the security effort for the marketplace, this incident in south carolina, we actually were made aware of it yesterday and implemented a software fix yesterday to fix that, that will be treated as a personal identification issue and we will do a complete follow-up on that to make sure. >> is that in your testimony this would be ongoing because we know cyber security is an ongoing challenge but i think it is very important to tell oblivious of the person in charge of security was to get with qssi and make sure they met compliance. tavenner: i will give them that feedback. >> secondly, as one who was an independent contractor for 33 years and had about 1000 independent contractors working for me, many of the people uninsured or lack of access to good insurance were independent

contractors because thei the emr did not provide it to them. it unintended consequence yesterday i was with a group of them in atlanta speaking to them not about healt health care, bud three come up to me, had her own insurance as an independent contractor who had just received the cancellation notice, tried to go to the website, couldn't and called the toll-free number and have gotten help from a human being who would send the information but they could not guarantee them when it would come. my point is when we passed the affordable care act, it precluded insurance agents from being navigators and put in a medical loss ratio so high you cannot pay a commission per sales persons legally access to human beings that could be incentivized to tell somebody what is in the plan is to call the website, go on the website or find a navigator. i really think they should consider rethinking the prohibition on medi-ca medical s ratio and allowing them to the

navigators because that is limiting access to the american people to the information that you want them to have. that is just an editorial comment. if you put up the chart, everybody thinks of atlanta. but there's a lot more to georgia than atlanta. a lot of our state is very rural, very agricultural pit premiums are dublin, more than doubling in many cases and health insurance costs are going through the roof. when you said the website with only the tip of the iceberg, you were right because you have tremendous problems and tremendous challenges but the biggest one of all are the premium increases to the people who can least afford them. in southwestern georgia that is by far the case on behalf of those in my state, we're seeing a doubling of their premiums and we need to address that, we need to make sure it had consequences requiring so much coverage is not running people out of

coverage rather than providing the coverage they need. do you know what is exhibiting to the cost of rural health care going up so much in terms of the premiums? tavenner: i would not be the expert there, but more competition we have it tends to lower prices and i find rural areas, certainly for my with virginia. there was not enough competiti competition, the rates were high prior to the limitation of the affordable care act. we have seen new entrance into the market and almost all states. we hope as it happens it will continue to press the pricing downward. >> thank you for the testimony. martha: the big take away from the marilyn tavenner, hang in there, it is going to get better. she was just questioned saying in the rural areas people are seeing their premiums doubled. he showed a big poster of an

iceberg saying the website is just the tip of the iceberg. what happens underneath the water is people assume their cost increase dramatically ever getting messages from people who say what is the impact of that on my lifestyle is my coverage is going to go up with my new plan, i will not be able to do other things. we'll keep an eye on this as she continues to be questioned here today, and kathleen sebelius is coming up tomorrow. we will hear from her and we expect fireworks in that hearing as well. so we will take a quick break and we will be right back with more. [ chicken caws ] [ male announcer ] when your favorite food starts a fight, fight back fast with tums. eartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums! eartburn relief that neutralizes acid on contact help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company.

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bill: as we mentioned, fox's alert, senators questioning marilyn tavenner about the botched obamacare rollout. a man lifting along with us is

scott brown. former republican senator from massachusetts and fox news contributor back home in boston. hello to you, welcome back here. what do you think of the answers you have heard so far? >> i think there's a lot going on, bill. they are trying to rewrite history. the spin machine is out trying to rewrite the president's comments and have more people believe he just misspoke. no, he was crystal clear as to what the options were. if you remember when i was elected, they held up my swearing in so i could not go down there and stop it, so they ran this through strictly a partisan maneuver using reconciliation and as a result there were a lot of other amendments that the republicans put forth especially on the grandfathering issue that every democrat voted against so to see them rewrite history is laughable and completely leaves the lack of trust that the american people have with

members of congress and now especially the administration. bill: you live in a state the president visited last week and there is a lot of comparisons with massachusetts and now obamacare nationwide. if that comparison fair? >> absolutely not. bill: and how is the program in massachusetts? >> we have health care that passed 198-2. much of the business leaders and members of the legislature including the leadership team we recognize the problem and solved it. my blood was boiling when i listened to the president misrepresent what we had done and why we did it. yes, they are both cars, but they are not the same. we have a plan and a federal plan, they are not the same. we did not raise 18 new taxes let alone any taxes, we did not cut anything from our health care plan half a trillion in medicare and so on and so on and so on.

it makes my blood boil. but they may have to get control of in massachusetts is cost. still skyrocketing and we now have almost dumbed down the coverage as a result of what the president is trying to push down everybody's throat. bill: thank you for hanging out. scott brown from boston, massachusetts, with us today as the hearing continues in washington. martha: the health care chief marilyn tavenner receiving a grilling right now on the obamacare rollout. much more on the plan to fix the problems right after this, we will be right back.

martha: the saga continues and it plays out again tomorrow, right? bill: in november we will have some numbers for you. martha: looking forward to that. that will be an interesting day. bill: tavenner continues today and sebelius will be tomorrow. we will see what kind of progress is made.

a different hearing tomorrow, different cast of characters. martha: we will see you later. and we will see "happening now" and a couple of seconds from now. we will be back here tomorrow morning, everybody. have a great one. bye-bye. jenna: breaking news on today's top headlines. brand-new stories are only going to see here. jon: obamacare under fire again. our computer problems just the tip of the iceberg? what happens if everyone signs up for insurance but there are not enough doctors to treat everybody? a new report on the doctor shortage. the landmark mission to mars, who launched this rocket and what it means for space travel. and the amanda knox retrial back underway tomorrow after a bombshell leak about dna evidence. could it now a quitter? it is all "happening now" the."